Bogroff v. Colvin

Filing 37

ORDER Granting 36 Stipulation. IT IS ORDERED that fees and expenses in the amount of $4,400.00 as authorized by 28 U.S.C. § 2412 be awarded subject to the terms of the Stipulation. Signed by Judge James C. Mahan on 8/8/16. (Copies have been distributed pursuant to the NEF - TR)

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Case 2:13-cv-00267-JCM-NJK Document 36 Filed 08/05/16 Page 1 of 5 1 2 3 4 Marc V. Kalagian Attorney at Law: 4460 Law Offices of Rohlfing & Kalagian, LLP 211 East Ocean Boulevard, Suite 420 Long Beach, CA 90802 Tel.: (562)437-7006 Fax: (562)432-2935 E-mail rohlfing.kalagian@rksslaw.com 5 6 7 8 9 10 11 Leonard Stone Attorney at Law: 5791 Shook & Stone, Chtd. 710 South 4th Street Las Vegas, NV 89101 Tel.: (702)385-2220 Fax: (702)384-0394 E-mail: kshonfeld@shookandstone.com Attorneys for Plaintiff Tammy R. Bogroff 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 TAMMY R. BOGROFF, 16 17 18 19 20 Plaintiff, vs. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. 21 22 23 24 25 26 27 28 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:13-cv-00267-JCM-NJK STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. § 1920 TO THE HONORABLE NANCY J. KOPPE, MAGISTRATE JUDGE OF THE DISTRICT COURT: IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Tammy R. Bogroff be awarded attorney fees and expenses in the amount of four thousand four -1- Case 2:13-cv-00267-JCM-NJK Document 36 Filed 08/05/16 Page 2 of 5 1 hundred dollars ($4,400.00) under the Equal Access to Justice Act (EAJA), 28 2 U.S.C. § 2412(d). This amount represents compensation for all legal services 3 rendered on behalf of Plaintiff by counsel in connection with this civil action, in 4 accordance with 28 U.S.C. §§ 1920; 2412(d). 5 After the Court issues an order for EAJA fees to Tammy R. Bogroff, the 6 government will consider the matter of Tammy R. Bogroff's assignment of EAJA 7 fees to Marc V. Kalagian. The retainer agreement containing the assignment is 8 attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), 9 the ability to honor the assignment will depend on whether the fees are subject to 10 any offset allowed under the United States Department of the Treasury's Offset 11 Program. After the order for EAJA fees is entered, the government will determine 12 whether they are subject to any offset. 13 Fees shall be made payable to Tammy R. Bogroff, but if the Department of 14 the Treasury determines that Tammy R. Bogroff does not owe a federal debt, then 15 the government shall cause the payment of fees, expenses and costs to be made 16 directly to Law Offices of Rohlfing & Kalagian, LLP pursuant to the assignment 17 executed by Tammy R. Bogroff.1 Any payments made shall be delivered to Marc 18 V. Kalagian. 19 This stipulation constitutes a compromise settlement of Tammy R. 20 Bogroff's request for EAJA attorney fees, and does not constitute an admission of 21 liability on the part of Defendant under the EAJA or otherwise. Payment of the 22 agreed amount shall constitute a complete release from, and bar to, any and all 23 claims that Tammy R. Bogroff and/or Marc V. Kalagian including Law Offices of 24 25 26 27 28 1 The parties do not stipulate whether counsel for the plaintiff has a cognizable lien under federal law against the recovery of EAJA fees that survives the Treasury Offset Program. -2- Case 2:13-cv-00267-JCM-NJK Document 36 Filed 08/05/16 Page 3 of 5 1 Rohlfing & Kalagian, LLP may have relating to EAJA attorney fees in connection 2 with this action. 3 This award is without prejudice to the rights of Marc V. Kalagian and /or the 4 Law Offices of Rohlfing & Kalagian, LLP to seek Social Security Act attorney 5 fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 6 EAJA. 7 DATE: August 5, 2016 Respectfully submitted, 8 ROHLFING & KALAGIAN, LLP 9 /s/ Marc V. Kalagian BY: _________________________ Marc V. Kalagian Attorney for plaintiff Tammy R. Bogroff 10 11 12 Of Counsel: 13 Monica Perales Attorney at Law 14 15 DATED: August 5, 2016 DANIEL G. BOGDEN United States Attorney 16 17 18 19 20 /s/ Sharon Lahey BY: SHARON LAHEY Assistant Regional Counsel Attorneys for Defendant (Per e-mail authorization) 21 22 23 24 25 26 27 28 -3- Case 2:13-cv-00267-JCM-NJK Document 36 Filed 08/05/16 Page 4 of 5 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the county of Los Angeles, State of California. I am over 4 the age of 18 and not a party to the within action. My business address is 12631 5 East Imperial Highway, Suite C-115, Santa Fe Springs, California 90670. 6 On this day of August 5, 2016, I served the foregoing document described as 7 STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES 8 AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 9 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. § 1920 on the 10 interested parties in this action by placing a true copy thereof enclosed in a sealed 11 envelope addressed as follows: 12 Ms. Tammy R. Bogroff 4548 Via San Marco Las Vegas, NV 89103 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at Santa Fe Springs, California. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. I declare that I am employed in the office of a member of this court at whose direction the service was made. Monica Perales TYPE OR PRINT NAME ___ /s/ Monica Perales____________ SIGNATURE Case 2:13-cv-00267-JCM-NJK Document 36 Filed 08/05/16 Page 5 of 5 1 CERTIFICATE OF SERVICE FOR CASE NUMBER 2:13-CV-00267-JCM-NJK 2 3 4 5 6 I hereby certify that I electronically filed the foregoing with the Clerk of the Court for this court by using the CM/ECF system on August 5, 2016. I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the CM/ECF system, except the plaintiff 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 served herewith by mail. /s/ Marc V. Kalagian _______________________________ Marc V. Kalagian Attorneys for Plaintiff Case 2:13-cv-00267-JCM-NJK Document 36-1 Filed 08/05/16 Page 1 of 2 1 2 3 4 Marc V. Kalagian Attorney at Law: 4460 Law Offices of Rohlfing & Kalagian, LLP 211 East Ocean Boulevard, Suite 420 Long Beach, CA 90802 Tel.: (562)437-7006 Fax: (562)432-2935 E-mail rohlfing.kalagian@rksslaw.com 5 6 7 8 9 10 11 Leonard Stone Attorney at Law: 5791 Shook & Stone, Chtd. 710 South 4th Street Las Vegas, NV 89101 Tel.: (702)385-2220 Fax: (702)384-0394 E-mail: kshonfeld@shookandstone.com Attorneys for Plaintiff Tammy R. Bogroff 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 TAMMY R. BOGROFF, Plaintiff, 16 vs. 17 18 CAROLYN W. COLVIN, Acting Commissioner of Social Security, 19 Defendant ) ) ) ) ) ) ) ) ) ) Case No.: 2:13-cv-00267-JCM-NJK [PROPOSED] ORDER AWARDING EQUAL ACCESS TO JUSTICE ACT ATTORNEY FEES AND EXPENSES PURSUANT TO 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. § 1920 20 21 22 23 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act Fees, Costs, and Expenses: /// 24 25 26 27 28 -1- Case 2:13-cv-00267-JCM-NJK Document 36-1 Filed 08/05/16 Page 2 of 2 1 IT IS ORDERED that fees and expenses in the amount of $4,400.00 as 2 authorized by 28 U.S.C. § 2412 be awarded subject to the terms of the Stipulation. 3 DATE: August 8, 2016. 4 5 ___________________________________ THE HONORABLE NANCY J. KOPPE UNITED STATES DISTRICT JUDGE UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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